Zitzman v. State, 640 So. 2d 1219 (Fla. 5th DCA 1994). · Go Syfert
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Zitzman v. State, 640 So. 2d 1219 (Fla. 5th DCA 1994). Cases Citing This Book View Copy Cite
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Richard Paul ZITZMAN
v.
STATE of Florida
No. 94-218.
District Court of Appeal of Florida, Fifth District.
Aug 5, 1994.
640 So. 2d 1219
James B. Gibson, Public Defender, and Sean K. Ahmed, Asst. Public Defender, Day-tona Beach, for appellant., Robert A. Butterworth, Atty. Gen., Tallahassee, and Wesley Heidt, Asst. Atty. Gen., Daytona Beach, for appellee.
Dauksch, Diamantis, Griffin.
Cited by 2 opinions  |  Published
DIAMANTIS, Judge.

We affirm Richard Paul Zitzman’s conviction for aggravated assault on a law enforce[*1220] ment officer;[1] however, we must vacate the three-year mandatory minimum sentence because, as the state properly has conceded, the mandatory minimum sentence is one year. See § 775.0823(7), Fla.Stat. (1991).[2] Thus, we vacate the three-year mandatory minimum sentence and remand this cause for imposition of the one-year mandatory minimum sentence.

Conviction AFFIRMED; sentence AFFIRMED in part and VACATED in part; and cause REMANDED.

DAUKSCH and GRIFFIN, JJ., concur.
1

See §§ 784.021, 784.07, Fla.Stat. (1993).

2

Section 775.0823(7), Florida Statutes (1991), is applicable because Zitzman committed the offense on July 6, 1993. Section 775.0823(7), Florida Statutes (1993), which authorizes the imposition of a sentence in accordance with the sentencing guidelines, applies to offenses committed on or after January 1, 1994.